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posted by martyb on Friday September 28 2018, @08:16AM   Printer-friendly
from the lawsuit-secured dept.

Elon Musk Accused by SEC of Misleading Investors in August Tweet

Tesla Inc. Chief Executive Officer Elon Musk was accused by the Securities and Exchange Commission of misleading investors when he tweeted that he had funding lined up to take the company private.

The agency said Musk fabricated the claim in his August tweet, which sent Tesla shares higher.

"In truth and in fact, Musk had not even discussed, much less confirmed, key deal terms, including price, with any potential funding source," the SEC said in complaint filed Thursday in Manhattan federal court, less than two months after Musk's tweet.

The suit seeks an order from a judge barring Musk from serving as an officer or director of a public company, a request often made in SEC lawsuits, as well as unspecified monetary penalties.

Shares fell about 10 percent in after-hour trading on news of the lawsuit. The company, which wasn't sued, and an attorney for Musk didn't immediately respond to requests for comment. The SEC has scheduled a press conference for 5 p.m.

The complaint: 1:18-cv-8865 (alt source).

Current (delayed) stock quote: TSLA.

Also at the BBC, TechCrunch, Bloomberg, c|net, and Ars Technica.

[Update: added 20180928_141312 UTC]

The CNBC is reporting Tesla's Musk pulled the plug on a settlement with the SEC at the last minute:

Tesla and the Securities and Exchange Commission were very close to a no-guilt settlement Thursday, reported CNBC's Andrew Ross Sorkin on Friday, citing sources. But, these people say Musk pulled out of the agreement at the last minute.

Under the terms of the deal, Musk and Tesla would have had to pay a nominal fine, and he would not have had to admit any guilt. However, the settlement would have barred Musk as chairman for two years and would require Tesla to appoint two new independent directors, reported CNBC's David Faber, citing sources.

Musk reportedly refused to sign the deal because he felt that by settling he would not be truthful to himself, and he wouldn't have been able to live with the idea that he agreed to accept a settlement and any blemish associated with that, the sources said.

Tesla was not immediately available for comment.

Musk said Thursday the SEC's allegations are "unjustified" and that he acted in the best interests of investors.


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  • (Score: 2) by All Your Lawn Are Belong To Us on Friday September 28 2018, @11:06PM (1 child)

    by All Your Lawn Are Belong To Us (6553) on Friday September 28 2018, @11:06PM (#741590) Journal

    Causing gains by lies is not a CEO's job. Spin that how you like it's still true - causing an unwarranted gain in the stock is still not legal.

    The point being anyone who bought stock on Musk's comment bought into a lie by Musk, and that is prosecutable.

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  • (Score: 0) by Anonymous Coward on Saturday September 29 2018, @04:31PM

    by Anonymous Coward on Saturday September 29 2018, @04:31PM (#741840)

    "Causing gains by lies is not a CEO's job"

    Clearly you've never worked for a big corporation.